Legal Opinion

Chesson v. Commissioner

United States Board of Tax Appeals

Decided March 19, 1931No. Docket Nos. 34467, 43986PublishedCited by 6 opinions

1. INCOME - INTEREST - COMMUNITY PROPERTY. - Interest earned during 1923 upon moneys of the petitioner, a resident of Texas, deposited in banks in his name, is community income under the laws of Texas, Willcutt v. Willcutt,278 S.W. 236, and such interest should be reported for income tax purposes, one-half by the petitioner and one-half by his wife.

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1. INCOME - INTEREST - COMMUNITY PROPERTY. - Interest earned during 1923 upon moneys of the petitioner, a resident of Texas, deposited in banks in his name, is community income under the laws of Texas, Willcutt v. Willcutt,278 S.W. 236, and such interest should be reported for income tax purposes, one-half by the petitioner and one-half by his wife. Hopkins, Collector of Internal Revenue v. Bacon,282 U.S. 122. 2. INCOME - ROYALTY OIL - COMMUNITY PROPERTY. - Moneys derived by the petitioner, a resident of Texas, from the sale of royalty oil delivered to the petitioner in kind out of a…

1Opinion of the Court

*822OPINION.

Trussell:

The first claim of the petitioner is that interest now shown to have been paid to the petitioner in 1923 upon bank deposits *823of moneys of the petitioner was community income which should be divided for tax purposes one-half to the husband and one-half to the wife. The petitioner and his wife , were domiciled in Texas, where under the community property law returns may be filed separately and the respective shares of community income separately reported. Hopkins, Collector of Internal Revenue v. Bacon, 282 U. S. 122. Separate returns were in fact filed and are not questioned as…

2Cases cited5 opinions

  1. Arnold v. LeonardTexas Supreme Court · 1925
  2. Hopkins v. BaconSupreme Court of the United States · 1930
  3. Stephens v. StephensCourt of Appeals of Texas · 1927
  4. Waggoner Estate v. Wichita CountySupreme Court of the United States · 1927
  5. Willcutt v. WillcuttCourt of Appeals of Texas · 1925

3Cited by6 opinions

  1. Sneed v. CommissionerUnited States Board of Tax Appeals · 1934
  2. Chesson v. CommissionerUnited States Board of Tax Appeals · 1931
  3. Hoffer v. CommissionerUnited States Board of Tax Appeals · 1931
  4. O'Connor v. CommissionerUnited States Board of Tax Appeals · 1939
  5. Sneed v. CommissionerUnited States Board of Tax Appeals · 1934

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